Publication of the Employment Law Compliance Bill 2008

Launch of major new Employment Rights framework

Mr Micheal Martin, Minister for Enterprise, Trade and Employment and Mr Billy Kelleher TD Minister for Labour Affairs today (Tuesday 18^th March 2008) published the Government’s Employment Rights Compliance Bill, 2008 which will completely overhaul the State’s employment rights framework.

Announcing the measures, the Minister for Enterprise, Trade and Employment Mr Micheal Martin TD said: “this Bill will modernise the labour inspectorate, strengthen enforcement of employment rights and work permits, promote greater compliance in the workplace and increase the penalties for those employers who seek to gain advantage by denying employees their entitlements under law”.

The measures proposed in the Bill include:

Establishment of the National Employment Rights Authority (“NERA”) on a statutory basis, including appointment by the Minister of the Director and a tripartite Advisory Board;

Strengthening powers in the area of labour inspection including allowing the Director to take evidence on oath, ensuring labour inspectors have greater access to premises, personnel and data and empowering NERA to prosecute summary offences;

Empowering labour inspectors in NERA to examine employment permits and to prosecute offences and to conduct investigations jointly with other agencies including Revenue Commissioners, Social Welfare inspectors and An Garda Síochána;

Provision for greater penalties for offences arising under employment law – in most cases up to €5,000 and/or 12 months’ imprisonment for summary offences and €250,000 and/or 3 years’ imprisonment for indictable offences;

Protection of whistleblowers in the event of breaches of employment law being reported in good faith;

Specification of a comprehensive list of documents which must be kept by the employer in respect of the most recent three year employment period and must be retained by employers for a further two years after the employment relationship ends;

Mr Martin concluding said: “this is the most significant single piece of legislation introduced in the employment rights area in recent years. It is a comprehensive package and a firm indication of this government’s commitment to the principles of social partnership. It is a reminder that, in the drive for greater competitiveness, there is a need to ensure that responsible employers who meet their obligations to employees will have a level playing field. Compliance with all aspects of employment law will be strictly enforced including in the employment permits area, national minimum wage, registered employment agreements and protection of young persons in employment”.

ENDS/ETE 1876

Link to Bill: http://www.oireachtas.ie/documents/bills28/bills/2008/1808/b1808d.pdf